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NORTH DAKOTA STATUTES AND CODES

32-39 Voluntary Partial Payment of Claims

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CHAPTER 32-39VOLUNTARY PARTIAL PAYMENT OF CLAIMS32-39-01. Voluntary service or partial payment not admissible. No voluntary serviceor partial payment of a claim, including a claim of medical malpractice, against any person based
on alleged liability of that person for injury or damage arising out of any occurrence may be
construed as an admission of fault or liability.Evidence of the service or payment is notadmissible in any action for the purpose of determining the amount of any judgment or the
liability of any person with respect to the occurrence.32-39-02. Voluntary service or payment not admission of liability. No receipt of avoluntary service or partial payment of a claim, including a claim of medical malpractice, against
any person based on alleged liability of that person for injury or damage arising out of any
occurrence may be construed as a waiver or release of the claim by the person receiving the
service or payment, unless a written waiver or release is given. No receipt, provision, or payment
of a voluntary service or partial payment of a claim may reduce the amount of damages which
may be pleaded and proved in a court proceeding between the parties.32-39-03. Agreement by parties - Credit for service or payment. Upon final voluntarycompromise settlement of any claim, including a claim of medical malpractice, against any
person based on alleged liability of that person for injury or damage arising out of any
occurrence, the parties may make any agreement they desire concerning previous voluntary
services or partial payments of the claim. If the claim is tried in a court, after entry of judgment
involving the claim, the value of any previous voluntary service or partial payment of the claim
must be deducted from the amount of the judgment if the value thereof was included in the
assessment of damages contained in the judgment. If, after entry of judgment involving the
claim, it is determined by the judgment that the amount of injury or damages is less than the
value of the previous services and voluntary payments, the provider of the services or payer of
the payments has no claim for relief for the recovery of amounts by which the voluntary services
or payments exceed the final court judgment.Page No. 1Document Outlinechapter 32-39 voluntary partial payment of claims

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